Nature of liability in negligence: Practice Questions

In the tort of negligence, which case established the original neighbour principle used to determine the existence of a duty of care?

When applying the Caparo three-part test to determine if a duty of care exists in a novel situation, which of the following is NOT one of the required elements?

A claimant suffers a psychiatric injury (nervous shock) after witnessing a horrific accident caused by a defendant's negligence. The claimant was not in the 'danger zone' but was the mother of one of the victims.

Under the criteria established for secondary victims, which of the following is required for her claim to succeed?

In the law of negligence, when considering the standard of care for a trainee surgeon performing a complex procedure, which of the following best describes the level of care they are expected to demonstrate?

Which of the following statements best describes the importance of policy considerations when the courts determine whether a duty of care should be recognized in a novel situation?

Define the neighbour principle as established by Lord Atkin in Donoghue v Stevenson (1932) and explain its primary function in the law of negligence.

Describe the three components of the Caparo test used by the courts to determine whether a duty of care exists in novel negligence situations.

Trace the development of the duty of care in negligence. Discuss how the neighbour principle established in Donoghue v Stevenson was refined by the three-part test in Caparo Industries plc v Dickman.

Daria, a delivery driver, leaves her vehicle on a steep hill without engaging the handbrake fully while she runs to drop off a parcel. The van rolls down the hill and crashes into a garden wall owned by Victor. Victor was standing in the garden and suffered a broken leg from flying debris.

(a) Explain the requirements of factual and legal causation in the tort of negligence.
(b) Evaluate whether Daria has breached her standard of care using the objective test.
(c) Discuss whether Victor’s injury would be considered too remote for a successful claim in damages.